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‘Typically it’s not unlawful to kill somebody:’ Jury deciding Lexington homicide case

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A Fayette County jury is deliberating the destiny of a Mississippi man accused of taking pictures and killing a 22-year-old man in Lexington virtually two years in the past.

The murder trial for Bobby Hubbard, 24, wrapped up Thursday with closing arguments from his lawyer and the Commonwealth Legal professional’s Workplace. Hubbard is charged with homicide for allegedly killing Doricky Harris at a Coolavin Apartment on West Sixth Street in September 2022.

Either side spent roughly 20 minutes wrapping up their instances to the jury. Whitney Kirk, representing Hubbard, mentioned her shopper acted in self-defense and shouldn’t be convicted of homicide.

“As odd because it sounds, typically it’s not unlawful to kill somebody,” Kirk mentioned. “Our authorized says there’s sure conditions the place you’re allowed to try this. You’re protected by the legislation.”

Kirk made her case by describing the scenario Hubbard was confronted the night time of the taking pictures. Harris’ girlfriend, Jada Richardson, testified she known as Hubbard and instructed him Harris had assaulted her and fired photographs earlier that day. Richardson allegedly requested Hubbard to come back decide her and her little one up and take her to her sister’s home in Georgetown, fearing for her security.

Richardson instructed Hubbard to come back armed, Kirk mentioned.

When Hubbard arrived he was instructed Harris was armed and harmful, in keeping with Kirk. He went to Richardson and Harris’ house to retrieve child method and a automobile seat whereas legally armed with a gun.

Assistant Commonwealth Legal professional Nikolas Fegenbush beforehand mentioned Hubbard knocked on the door a number of instances and obtained no response. When Hubbard opened the door, he was allegedly confronted by Harris, who jumped out and scared Hubbard. That’s when Hubbard allegedly fired his gun and fled the scene.

“The Commonwealth desires you all to consider that simply opening that door with the gun drawn is inherently aggressive,” Kirk mentioned. “Nonetheless, violence avoidance will not be violence aggression initiation. He was attempting to keep away from anybody being harm.”

Kirk requested the jury to search out her shopper not responsible of homicide.

“I consider to my core he was justified in utilizing self safety, however in the event you all disagree, and also you assume his conduct was a gross mediation, then he’s nonetheless not responsible of homicide,” Kirk mentioned. “He ought to as a substitute be convicted of reckless murder.”

Prosecution: ‘He has lied to you.’

Mary Tobin, representing the lawyer’s workplace, used a slideshow to level out irregularities in Hubbard’s account of the incident throughout closing arguments. The slideshow contained communications between Hubbard and relations, audio recordings of police interviews after Hubbard was arrested and even Hubbard’s personal testimony from when he took the stand Wednesday, the place he admitted to getting his details incorrect in earlier interviews.

“He’s a pleasant, well mannered younger man, however he has lied to you,” Tobin mentioned. “He has instructed you mistruth after mistruth as a result of he desires to get out of this.”

Tobin additionally claimed Hubbard’s actions weren’t self protection and never about defending Richardson. Tobin highlighted earlier testimony describing Harris as a nonviolent particular person.

“This concern that was instilled in Jada and Diamond and everybody was so afraid and everybody was speaking about it within the house complicated, the place did that come from? It wasn’t from Jada or Diamond, they didn’t say that. That’s from Mr. Hubbard,” Tobin mentioned.

Tobin requested for the jury to search out Hubbard responsible of homicide.

“I ask you to not let the defendant get away with this,” Tobin mentioned. “They’re going to inform you that you should have a look at reckless (murder) and manslaughter second (diploma) – it’s not a mistake that he went there, so these aren’t relevant.”

Murder is a capital offense in Kentucky and carries a punishment of at the least 20 years in jail as much as life imprisonment.

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